Pramod Kumar @ Gorelal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71885 of 2024 Arising Out of PS. Case No.-56 Year-2021 Thana- SIMULTALLA District- Jamui ====================================================== Pramod Kumar @ Gorelal S/o- Thakur Mahto Village- Gadi Telwa PSSimultalla Distt- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarawal, Sr. Advocate Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-10-2024 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 108 of 2022, arising out of Simultalla P.S. Case No. 56 of 2021 dated 26.07.2021, registered for the offences punishable under Sections 147, 149, 302 and 120B of the Indian Penal Code.
3. Ld. counsel for the petitioner submits that the petitioner had earlier moved the Court with Cr. Misc. No. 82283 of 2023 for his regular bail. However, the same was rejected by a Co-ordinate Bench of this Court stipulating that if the Trial is not concluded within a period of nine months, the petitioner will have liberty to renew his prayer for bail. He further submits that
Patna High Court CR. MISC. No.71885 of 2024(3) dt.25-10-2024 2/3 the trial is at the stage of prosecution evidence. Hence, the present petition has been filed by the petitioner praying for his enlargement on bail in view of non-conclusion of the trial.
4. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Jamui/concerned Court Below in connection with Sessions Trial No. 108 of 2022, arising out of Simultalla P.S. Case No. 56 of 2021 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from
Patna High Court CR. MISC. No.71885 of 2024(3) dt.25-10-2024 3/3 disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld.court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J) shoaib/- U T